Placement: Consent Agenda
Action Requested: Motion / Vote
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Authorize City Manager to Sign Memorandum of Understanding (MOU)
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Submitted By: Mary Savage Dunham, Planning and Zoning Director
Strategic Plan Link: The City’s Mission to enhance our community’s quality of life.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Elizabeth Hertz, Senior Assistant City Attorney and Sid Ansbacher, Outside Special Counsel to the City
2. Parties: City of Port St. Lucie and PGA Village Property Owners Association (the “PGA POA”)
3. Purpose: The PGA POA has agreed to transfer two parcels they own contiguous to our conservation land space holdings to the City in return for the City assuming the conservation area maintenance responsibilities for a conservation easement located on City property in Commerce Center North, moving forward, detailed in South Florida Water Management District (“SFWMD””) ERP Permit No. 65-00674-S (“ERP Permit”)I . The two parcels owned by the PGA POA are shown on the attached map and are 2.02 acres and 2.12 acres.
4. New/Renewal/Modified: New
5. Duration: 120 days
6. Benefits to Port St. Lucie: The benefits include avoiding enforcement action for alleged non-compliance with maintenance responsibilities for the conservation easement from the SFWMD, resolving dispute with the PGA POA regarding maintenance responsibilities for the conservation easement, securing an additional 4+ acres of conservation lands for the City’s holdings, and eliminating private ownership of upland habitat in the middle of the City’s conservation land.
7. Cost to Port St. Lucie (Annual and Potential): The estimated cost of maintenance for the conservation easement is approximately $18,000.00. Moving forward, the City will have annual maintenance responsibilities for the wetlands and uplands within the conservation easement and 4+ additional acres, included in the overall maintenance costs for this future passive recreation area. Those costs have not been quantified as the master plan for this land has not been established or approved.
Presentation Information: Questions will be answered by staff upon request.
Staff Recommendation: Move that the Council authorize the City Manager or his designee to enter the MOU.
Alternate Recommendations:
1. Move that the Council amend the recommendation and authorize the City Manager or his designee to enter into the MOU.
2. Move that the Council table this matter and provide staff direction.
Background: The City and the PGA POA do not agree on who is responsible for maintenance associated with the conservation easement governed by the ERP Permit. The City and the PGA POA desire to resolve the maintenance responsibility dispute and avoid a SFWMD enforcement action through the MOU. The details and history behind the ERP Permit are explained in more detail in the via memo labeled Attachment 4.
Issues/Analysis: The PGA POA has indicated a willingness to transfer the two parcels they own contiguous to City conservation land space holdings to the City in return for the City assuming the maintenance responsibilities for the conservation easement moving forward. Staff has drafted a MOU that memorializes this agreement between the City and the PGA POA. Both Special Counsel and staff have communicated to SFWMD the City’s proposed path forward and SFWMD has indicated support of the approach as a path for resolution of the alleged noncompliance.
The proposed resolution helps the City avoid a SFWMD enforcement proceeding on this issue, and helps avoid a potentially protracted and costly legal challenge. The proposed resolution also secures additional conservation land area adjacent to our current property and further enhances the City’s opportunity to have natural areas for public enjoyment and habitat preservation. The City will have to maintain the conservation land as we activate the property for the public and has a grant pending to help fund the mitigation efforts. This path forward eliminates the privately owned property in the middle of a City conservation area and provides more upland areas for future walking trails on this property. Most importantly, this path forward supports the Strategic Plan, Naturally PSL initiative, and is aligned with the Comprehensive Plan.
Financial Information: Maintenance costs could be paid from the Conservation Lands Fund. The City has also applied for a $50,000 grant (decision of award in June) to fund the removal of invasives and planting native species in upland areas.
Special Consideration: SFWMD was prepared to issue a warning notice to the City and the PGA POA due to a failure to resolve the issue in a manner acceptable to SFWMD, however Special Counsel requested and was granted a 21-day extension of time for the City to find a solution. That extension of time expires May 21, 2025.
Location of Project: Commerce Center North conservation land, see attached map.
Attachments:
1. Draft Memorandum of Understanding (to be added)
2. Map of Commerce Center Drive Conservation Parcels
3. SFWMD noncompliance letter
4. Via Memo on MOU and Conservation Parcels.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23212-06
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.